This essay argues that the Kenyan Constitution and state are in urgent need of reconstruction and restructuring and the proposed Constitution of Kenya, 2010 which is expected to be adopted through a referendum on 4 August 2010 is a major instrument in re-engineered, reconstructing and restructuring the Constitution and state. I articulate this argument through...
My overarching argument is that the criteria, process of selection, choice, appointment, and conduct of the Chair and IEBC Commissioners in Kenya as well as the retention of the staff largely fail to meet the constitutional standards. Yet these are key factors that shall determine whether Kenya holds just, free, fair, accurate, verifiable, credible, accountable,...
This chapter may be cited as; Ben M. Sihanya (2014) ‘Reflections on Open Scholarship Modalities and the Copyright Environment in Kenya’ in (eds) De Beer et al., Innovation & Intellectual Property: Collaborative Dynamics in Africa (1st edn, UCT Press). This chapter outlines findings from research into the attitudes of Kenyan scholarly publishing stakeholders towards open...
This article may be cited as; Ben M. Sihanya & Ouma, Marisella (2010) ‘Kenya’ in (eds) Armstrong et al., Access to Knowledge in Africa: The Role of Copyright, (1st edn, International Development Research Center). This article examines the role of copyright in Kenya highlighting its historical development dating all the way back to 1967. It...
This article may be cited as: Ben M. Sihanya (2013) ‘Rights in a Performance in Kenya’ South African Intellectual Property Law Journal (SAIPLJ), vol 1, pp. 59-85 This paper discusses three aspects of rights in performances in Kenya. First, the concepts of rights in performance and its various components in Kenya, as well as its...
This article may be cited as; Ben M. Sihanya (2006) ‘Regulating and Mainstreaming ICT for Kenya’s Socio-Economic Development’ in (eds), Outa et al., Mainstreaming ICT: Research Perspectives from Kenya (1st edn, Sunlitho Ltd). Information and Communication Technology is the fastest-growing service sector in the world today. Kenya has an untapped potential and the country runs...
This article may be cited as; Ben M. Sihanya (2010) ‘Copyright Law in Kenya’ International Review of Intellectual Property and Competition Law (IIC), vol 41(8), pp. 926-948. This examination of copyright law in Kenya looks at the role copyright plays in technological, economic, and cultural innovation, creativity, and development in Kenya. It focuses on the...
This article may be cited as; Ben M. Sihanya (2012) ‘Digital Copyright in Kenya’ The Law Society of Kenya (LSKJ), vol 8(1), pp. 119-148. This article analyses digital copyright in Kenya including, copyright in literary works (e.g software), databases, musical and artistic works, and the Internet. The relevant administrative, civil, and criminal processes, as well...
This article may be cited as; Ben M. Sihanya (2021) ‘Amending the Constitution of Kenya 2010 Post-2017; Interests, Process and Outcomes’ in (eds) Ghai et al., Ten Years on Assessing the Achievements of the Constitution of Kenya 2010 (2021), (1st edn, Katiba Institute). I address three research questions on amending the Constitution of Kenya 2010...
What is strategic or public interest litigation in Kenya? What of public interest lawyering? What is pro bono, informa pauperis (pauper) briefs or poverty lawyering? Collaborative lawyering? Related concepts are class action, representative suit, group action……. How does PIL relate to strategic, public interest, and social action litigation in Nigeria, South Africa, Uganda, Tanzania, India,...
